The other dismissions must be more concisely related. The Duke of Somerset, whose regiment had been taken from him some months before, was now turned out of the lord lieutenancy of the East Riding of Yorkshire. The North Riding was taken from Viscount Fauconberg, Shropshire from Viscount Newport, and Lancashire from the Earl of Derby, grandson of that gallant Cavalier who had faced death so bravely, both on the field of battle and on the scaffold, for the House of Stuart. The Earl of Pembroke, who had recently served the crown with fidelity and spirit against Monmouth, was displaced in Wiltshire, the Earl of Husband in Leicestershire, the Earl of Bridgewater in Buckinghamshire, the Earl of Thanet in Cumberland, the Earl of Northampton in Warwickshire, the Earl of Abingdon in Oxfordshire, and the Earl of Scarsdale in Derbyshire. Scarsdale was also deprived of a regiment of cavalry, and of an office in the household of the Princess of Denmark. She made a struggle to retain his services, and yielded only to a peremptory command of her father. The Earl of Gainsborough was rejected, not only from the lieutenancy of Hampshire, but also from the government of Portsmouth and the rangership of the New Forest, two places for which he had, only a few months before, given five thousand pounds. [320]
The King could not find Lords of great note, or indeed Protestant Lords of any sort, who would accept the vacant offices. It was necessary to assign two shires to Jeffreys, a new man whose landed property was small, and two to Preston who was not even an English peer. The other counties which had been left without governors were entrusted, with scarcely an exception, to known Roman Catholics, or to courtiers who had secretly promised the King to declare themselves Roman Catholics as soon as they could do so with prudence.
At length the new machinery was put in action; and soon from every corner of the realm arrived the news of complete and hopeless failure. The catechism by which the Lords Lieutenants had been directed to test the sentiments of the country gentlemen consisted of three questions. Every magistrate and Deputy Lieutenant was to be asked, first, whether, if he should be chosen to serve in Parliament, he would vote for a bill framed on the principles of the Declaration of Indulgence; secondly, whether, as an elector, he would support candidates who would engage to vote for such a bill and, thirdly, whether, in his private capacity, he would aid the King's benevolent designs by living in friendship with people of all religious persuasions. [321]
As soon as the questions got abroad, a form of answer, drawn up with admirable skill, was circulated all over the kingdom, and was generally adopted. It was to the following effect: "As a member of the House of Commons, should I have the honour of a seat there, I shall think it my duty carefully to weigh such reasons as may be adduced in debate for and against a Bill of Indulgence, and then to vote according to my conscientious conviction. As an elector, I shall give my support to candidates whose notions of the duty of a representative agree with my own. As a private man, it is my wish to live in peace and charity with every body." This answer, far more provoking than a direct refusal, because slightly tinged with a sober and decorous irony which could not well be resented, was all that the emissaries of the court could extract from most of the country gentlemen. Arguments, promises, threats, were tried in vain. The Duke of Norfolk, though a Protestant, and though dissatisfied with the proceedings of the government, had consented to become its agent in two counties. He went first to Surrey, where he soon found that nothing could be done. [322] He then repaired to Norfolk, and returned to inform the King that, of seventy gentlemen of note who bore office in that great province, only six had held out hopes that they should support the policy of the court. [323] The Duke of Beaufort, whose authority extended over four English shires and over the whole principality of Wales, came up to Whitehall with an account not less discouraging. [324] Rochester was Lord Lieutenant of Hertfordshire. All his little stock of virtue had been expended in his struggle against the strong temptation to sell his religion for lucre. He was still bound to the court by a pension of four thousand pounds a year; and in return for this pension he was willing to perform any service, however illegal or degrading, provided only that he were not required to go through the forms of a reconciliation with Rome. He had readily undertaken to manage his county; and he exerted himself, as usual, with indiscreet heat and violence. But his anger was thrown away on the sturdy squires to whom he addressed himself. They told him with one voice that they would send up no man to Parliament who would vote for taking away the safeguards of the Protestant religion. [325] The same answer was given to the Chancellor in Buckinghamshire. [326] The gentry of Shropshire, assembled at Ludlow, unanimously refused to fetter themselves by the pledge which the King demanded of them. [327] The Earl of Yarmouth reported from Wiltshire that, of sixty magistrates and Deputy Lieutenants with whom he had conferred, only seven had given favourable answers, and that even those seven could not be trusted. [328] The renegade Peterborough made no progress in Northamptonshire. [329] His brother renegade Dover was equally unsuccessful in Cambridgeshire. [330] Preston brought cold news from Cumberland and Westmoreland. Dorsetshire and Huntingdonshire were animated by the same spirit. The Earl of Bath, after a long canvass, returned from the West with gloomy tidings. He had been authorised to make the most tempting offers to the inhabitants of that region. In particular he had promised that, if proper respect were shown to the royal wishes, the trade in tin should be freed from the oppressive restrictions under which it lay. But this lure, which at another time would have proved irresistible, was now slighted. All the justices and Deputy Lieutenants of Devonshire and Cornwall, without a single dissenting voice, declared that they would put life and property in jeopardy for the King, but that the Protestant religion was dearer to them than either life or property. "And, sir," said Bath, "if your Majesty should dismiss all these gentlemen, their successors would give exactly the same answer." [331] If there was any district in which the government might have hoped for success, that district was Lancashire. Considerable doubts had been felt as to the result of what was passing there. In no part of the realm had so many opulent and honourable families adhered to the old religion. The heads of many of those families had already, by virtue of the dispensing power, been made justices of the Peace and entrusted with commands in the militia. Yet from Lancashire the new Lord Lieutenant, himself a Roman Catholic, reported that two thirds of his deputies and of the magistrates were opposed to the court. [332] But the proceedings in Hampshire wounded the King's pride still more deeply. Arabella Churchill had, more than twenty years before, borne him a son, widely renowned, at a later period, as one of the most skilful captains of Europe. The youth, named James Fitzjames, had as yet given no promise of the eminence which he afterwards attained: but his manners were so gentle and inoffensive that he had no enemy except Mary of Modena, who had long hated the child of the concubine with the bitter hatred of a childless wife. A small part of the Jesuitical faction had, before the pregnancy of the Queen was announced, seriously thought of setting him up as a competitor of the Princess of Orange. [333] When it is remembered how signally Monmouth, though believed by the populace to be legitimate, and though the champion of the national religion, had failed in a similar competition, it must seem extraordinary that any man should have been so much blinded by fanaticism as to think of placing on the throne one who was universally known to be a Popish bastard. It does not appear that this absurd design was ever countenanced by the King. The boy, however, was acknowledged; and whatever distinctions a subject, not of the royal blood, could hope to attain were bestowed on him. He had been created Duke of Berwick; and he was now loaded with honourable and lucrative employments, taken from those noblemen who had refused to comply with the royal commands. He succeeded the Earl of Oxford as Colonel of the Blues, and the Earl of Gainsborough as Lord Lieutenant of Hampshire, Ranger of the New Forest, and Governor of Portsmouth. On the frontier of Hampshire Berwick expected to have been met, according to custom, by a long cavalcade of baronets, knights and squires: but not a single person of note appeared to welcome him. He sent out letters commanding the attendance of the gentry: but only five or six paid the smallest attention to his summons. The rest did not wait to be dismissed. They declared that they would take no part in the civil or military government of their county while the King was represented there by a Papist, and voluntarily laid down their commissions. [334]
Sunderland, who had been named Lord Lieutenant of Warwickshire in the room of the Earl of Northampton, found some excuse for not going down to face the indignation and contempt of the gentry of that shire; and his plea was the more readily admitted because the King had, by that time, begun to feel that the spirit of the rustic gentry was not to be bent. [335]
It is to be observed that those who displayed this spirit were not the old enemies of the House of Stuart. The Commissions of Peace and Lieutenancy had long been carefully purged of all republican names. The persons from whom the court had in vain attempted to extract any promise of support were, with scarcely an exception, Tories. The elder among them could still show scars given by the swords of Roundheads, and receipts for plate sent to Charles the First in his distress. The younger had adhered firmly to James against Shaftesury and Monmouth. Such were the men who were now turned out of office in a mass by the very prince to whom they had given such signal proofs of fidelity. Dismission however only made them more resolute. It had become a sacred point of honour among them to stand stoutly by one another in this crisis. There could be no doubt that, if the suffrage of the freeholders were fairly taken, not a single knight of the shire favourable to the policy of the government would be returned. Men therefore asked one another, with no small anxiety, whether the suffrages were likely to be fairly taken. The list of the Sheriffs for the new year was impatiently expected. It appeared while the Lords Lieutenants were still engaged in their canvass, and was received with a general cry of alarm and indignation. Most of the functionaries who were to preside at the county elections were either Roman Catholics or Protestant Dissenters who had expressed their approbation of the Indulgence. [336] For a time the most gloomy apprehensions prevailed: but soon they began to subside. There was good reason to believe that there was a point beyond which the King could not reckon on the support even of those Sheriffs who were members of his own Church. Between the Roman Catholic courtier and the Roman Catholic country gentleman there was very little sympathy. That cabal which domineered at Whitehall consisted partly of fanatics, who were ready to break through all rules of morality and to throw the world into confusion for the purpose of propagating their religion, and partly of hypocrites, who, for lucre, had apostatized from the faith in which they had been brought up, and who now over acted the zeal characteristic of neophytes. Both the fanatical and the hypocritical courtiers were generally destitute of all English feeling. In some of them devotion to their Church had extinguished every national sentiment. Some were Irishmen, whose patriotism consisted in mortal hatred of the Saxon conquerors of Ireland. Some, again, were traitors, who received regular hire from a foreign power. Some had passed a great part of their lives abroad, and either were mere cosmopolites, or felt a positive distaste for the manners and institutions of the country which was now subjected to their rule. Between such men and the lord of a Cheshire or Staffordshire manor who adhered to the old Church there was scarcely anything in common. He was neither a fanatic nor a hypocrite. He was a Roman Catholic because his father and grandfather had been so; and he held his hereditary faith, as men generally hold a hereditary faith, sincerely, but with little enthusiasm. In all other points he was a mere English squire, and, if he differed from the neighbouring squires, differed from them by being somewhat more simple and clownish than they. The disabilities under which he lay had prevented his mind from expanding to the standard, moderate as that standard was, which the minds of Protestant country gentlemen then ordinarily attained. Excluded, when a boy, from Eton and Westminster, when a youth, from Oxford and Cambridge, when a man, from Parliament and from the bench of justice, he generally vegetated as quietly as the elms of the avenue which led to his ancestral grange. His cornfields, his dairy and his cider press, his greyhounds, his fishing rod and his gun, his ale and his tobacco, occupied almost all his thoughts. With his neighbours, in spite of his religion, he was generally on good terms. They knew him to be unambitious and inoffensive. He was almost always of a good old family. He was always a Cavalier. His peculiar notions were not obtruded, and caused no annoyance. He did not, like a Puritan, torment himself and others with scruples about everything that was pleasant. On the contrary, he was as keen a sportsman, and as jolly a boon companion, as any man who had taken the oath of supremacy and the declaration against transubstantiation. He met his brother squires at the cover, was in with them at the death, and, when the sport was over, took them home with him to a venison pasty and to October four years in bottle. The oppressions which he had undergone had not been such as to impel him to any desperate resolution. Even when his Church was barbarously persecuted, his life and property were in little danger. The most impudent false witnesses could hardly venture to shock the common sense of mankind by accusing him of being a conspirator. The Papists whom Oates selected for attack were peers, prelates, Jesuits, Benedictines, a busy political agent, a lawyer in high practice, a court physician. The Roman Catholic country gentleman, protected by his obscurity, by his peaceable demeanour, and by the good will of those among whom he lived, carted his hay or filled his bag with game unmolested, while Coleman and Langhorne, Whitbread and Pickering, Archbishop Plunkett and Lord Stafford, died by the halter or the axe. An attempt was indeed made by a knot of villains to bring home a charge of treason to Sir Thomas Gascoigne, an aged Roman Catholic baronet of Yorkshire: but twelve of the best gentlemen of the West Riding, who knew his way of life, could not be convinced that their honest old acquaintance had hired cutthroats to murder the King, and, in spite of charges which did very little honour to the bench, found a verdict of Not Guilty. Sometimes, indeed, the head of an old and respectable provincial family might reflect with bitterness that he was excluded, on account of his religion, from places of honour and authority which men of humbler descent and less ample estate were thought competent to fill: but he was little disposed to risk land and life in a struggle against overwhelming odds; and his honest English spirit would have shrunk with horror from means such as were contemplated by the Petres and Tyrconnels. Indeed he would have been as ready as any of his Protestant neighbours to gird on his sword, and to put pistols in his holsters, for the defence of his native land against an invasion of French or Irish Papists. Such was the general character of the men to whom James now looked as to his most trustworthy instruments for the conduct of county elections. He soon found that they were not inclined to throw away the esteem of their neighbours, and to endanger their beads and their estates, by rendering him an infamous and criminal service. Several of them refused to be Sheriffs. Of those who accepted the shrievalty many declared that they would discharge their duty as fairly as if they were members of the Established Church, and would return no candidate who had not a real majority. [337]
If the King could place little confidence even in his Roman Catholic Sheriffs, still less could he rely on the Puritans. Since the publication of the Declaration several months had elapsed, months crowded with important events, months of unintermitted controversy. Discussion had opened the eyes of many Dissenters: but the acts of the government, and especially the severity with which Magdalene College had been treated, had done more than even the pen of Halifax to alarm and to unite all classes of Protestants. Most of those sectaries who had been induced to express gratitude for the Indulgence were now ashamed of their error, and were desirous of making atonement by casting in their lot with the great body of their countrymen.
The consequence of this change in the feeling of the Nonconformists, was that the government found almost as great difficulty in the towns as in the counties. When the regulators began their work, they had taken it for granted that every Dissenter who had been induced to express gratitude for the Indulgence would be favourable to the king's policy. They were therefore confident that they should be able to fill all the municipal offices in the kingdom with staunch friends. In the new charters a power had been reserved to the crown of dismissing magistrates at pleasure. This power was now exercised without limit. It was by no means equally clear that James had the power of appointing new magistrates: but, whether it belonged to him or not, he determined to assume it. Everywhere, from the Tweed to the Land's End, Tory functionaries were ejected, and the vacant places were filled with Presbyterians, Independents, and Baptists. In the new charter of the City of London the crown had reserved the power of displacing the masters, wardens, and assistants of all the companies. Accordingly more than eight hundred citizens of the first consideration, all of them members of that party which had opposed the Exclusion Bill, were turned out of office by a single edict. In a short time appeared a supplement to this long list. [338] But scarcely had the new officebearers been sworn in when it was discovered that they were as unmanageable as their predecessors. At Newcastle on Tyne the regulators appointed a Roman Catholic Mayor and Puritan Alderman. No doubt was entertained that the municipal body, thus remodelled, would vote an address promising to support the king's measures. The address, however, was negatived. The mayor went up to London in a fury, and told the king that the Dissenters were all knaves and rebels, and that in the whole corporation the government could not reckon on more than four votes. [339] At Reading twenty-four Tory aldermen were dismissed. Twenty-four new aldermen were appointed. Twenty-three of these immediately declared against the Indulgence, and were dismissed in their turn. [340] In the course of a few days the borough of Yarmouth was governed by three different sets of magistrates, all equally hostile to the court. [341] These are mere examples of what was passing all over the kingdom. The Dutch Ambassador informed the States that at many towns the public functionaries had, within one month, been changed twice, and even thrice, and yet changed in vain. [342] From the records of the Privy Council it appears that the number of regulations, as they were called, exceeded two hundred. [343] The regulators indeed found that, in not a few places, the change had been for the worse. The discontented Tories, even while murmuring against the king's policy, had constantly expressed respect for his person and his office, and had disclaimed all thoughts of resistance. Very different was the language of some of the new members of corporations. It was said that old soldiers of the Commonwealth, who, to their own astonishment and that of the public, had been made aldermen, gave the agents of the court very distinctly to understand that blood should flow before Popery and arbitrary power were established in England. [344]
The regulators found that little or nothing had been gained by what had as yet been done. There was one way, and one way only, in which they could hope to effect their object. The charters of the boroughs must be resumed; and other charters must be granted confining the elective franchise to very small constituent bodies appointed by the sovereign. [345]
But how was this plan to be carried into effect? In a few of the new charters, indeed, a right of revocation had been reserved to the crown: but the rest James could get into his hands only by voluntary surrender on the part of corporations, or by judgment of the King's Bench. Few corporations were now disposed to surrender their charters voluntarily; and such judgments as would suit the purposes of the government were hardly to be expected even from such a slave as Wright. The writs of Quo Warranto which had been brought a few years before for the purpose of crushing the Whig party had been condemned by every impartial man. Yet those writs had at least the semblance of justice; for they were brought against ancient municipal bodies; and there were few ancient municipal bodies in which some abuse, sufficient to afford a pretext for a penal proceeding, had not grown up in the course of ages. But the corporations now to be attacked were still in the innocence of infancy. The oldest among them had not completed its fifth year. It was impossible that many of them should have committed offences meriting disfranchisement. The Judges themselves were uneasy. They represented that what they were required to do was in direct opposition to the plainest principles of law and justice: but all remonstrance was vain. The boroughs were commanded to surrender their charters. Few complied; and the course which the King took with those few did not encourage others to trust him. In several towns the right of voting was taken away from the commonalty, and given to a very small number of persons, who were required to bind themselves by oath to support the candidates recommended by the government. At Tewkesbury, for example, the franchise was confined to thirteen persons. Yet even this number was too large. Hatred and fear had spread so widely through the community that it was scarcely possible to bring together in any town, by any process of packing, thirteen men on whom the court could absolutely depend. It was rumoured that the majority of the new constituent body of Tewkesbury was animated by the same sentiment which was general throughout the nation, and would, when the decisive day should arrive, send true Protestants to Parliament. The regulators in great wrath threatened to reduce the number of electors to three. [346] Meanwhile the great majority of the boroughs firmly refused to give up their privileges. Barnstaple, Winchester, and Buckingham, distinguished themselves by the boldness of their opposition. At Oxford the motion that the city should resign its franchises to the King was negatived by eighty votes to two. [347] The Temple and Westminster Hall were in a ferment with the sudden rush of business from all corners of the kingdom. Every lawyer in high practice was overwhelmed with the briefs from corporations. Ordinary litigants complained that their business was neglected. [348] It was evident that a considerable time must elapse before judgment could be given in so great a number of important cases. Tyranny could ill brook this delay. Nothing was omitted which could terrify the refractory boroughs into submission. At Buckingham some of the municipal officers had spoken of Jeffreys in language which was not laudatory. They were prosecuted, and were given to understand that no mercy should be shown to them unless they would ransom themselves by surrendering their charter. [349] At Winchester still more violent measures were adopted. A large body of troops was marched into the town for the sole purpose of burdening and harassing the inhabitants. [350] The town continued resolute; and the public voice loudly accused the King of imitating the worst crimes of his brother of France. The dragonades, it was said, had begun. There was indeed reason for alarm. It had occurred to James that he could not more effectually break the spirit of an obstinate town than by quartering soldiers on the inhabitants. He must have known that this practice had sixty years before excited formidable discontents, and had been solemnly pronounced illegal by the Petition of Right, a statute scarcely less venerated by Englishmen than the Great Charter. But he hoped to obtain from the courts of law a declaration that even the Petition of Right could not control the prerogative. He actually consulted the Chief justice of the King's Bench on this subject: [351] but the result of the consultation remained secret; and in a very few weeks the aspect of affairs became such that a fear stronger than even the fear of the royal displeasure began to impose some restraint even on a man so servile as Wright.